HomeMy WebLinkAbout1998-07-14; City Council; Resolution 98-233r), 0 0
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RESOLUTION NO. 98-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN INTERIM
COASTAL SAGE SCRUB TAKE PERMIT FOR KELLY RANCH
AREA E LOCATED BETWEEN IN LOCAL FACILITIES
MANAGEMENT ZONE 8.
CASE NAME: KELLY RANCH AREA E
CASE NO.: CT 96-07
WHEREAS, the United States Fish and Wildlife Service has listed the Califorr
gnatcatcher as a threatened species and therefore subject to certain protections afforded by tl
Endangered Species Act; and
WHEREAS, the Secretary of the Interior has adopted a Special Rule as providl
under Section 4(d) of the Endangered Species Act for threatened species; and
WHEREAS, the Special Rule provides guidelines for interim take of the Califorr
gnatcatcher pending completion and approval of larger scale plans pursuant to the Natul
Communities Conservation Planning (NCCP) program of the State of California; and
WHEREAS, among the provisions of the Special Rule is an expedited proce:
for approval of interim impacts, which process may be used until the San Diego County regic
has taken 5% of the coastal sage scrub existing as of March 25, 1993; and
WHEREAS, the City of Carlsbad’s portion of the 5% allowable take has bee
calculated to be 165.7 acres, and all impacts to coastal sage scrub during the interim peric
must be subtracted from this amount; and
WHEREAS, Attachment 1 to this resolution is a listing of all projects which ha!
been authorized pursuant to the Special Rule to impact coastal sage scrub habitat in Carlsbz
since March 25, 1993, and a statement of the remaining number of acres available to the Ci
from the 5% allocation; and
WHEREAS, in approving interim impacts to coastal sage scrub habitat under tt
expedited process provided by the Special Rule, it is necessary for the City Council to ado
seven specific findings which are outlined in the NCCP Conservation Guidelines and restate
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below in the Findings section of this resolution; and
WHEREAS, the City Council has reviewed all pertinent information relating to 1
construction of Kelly Ranch Area E and has determined that it is appropriate to issue the intel
take permit for the project.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the C
of Carlsbad, California as follows:
1. That the above recitations are true and correct,
2. That the City Council approves the issuance of an interim take permit for Ke
Ranch Area E. The City Council further directs that 2.66 acres shall be subtracted from t
available balance of coastal sage scrub impacts as shown on Attachment 1 of this resolutio
which is incorporated herein by reference.
FINDINGS:
1. In approving the issuance of the interim take permit, the City Council makes tt
following findings with respect to the Kelly Ranch Area E project. The City Council finds that:
A. The proposed habitat loss is consistent with the NCCP Conservatic
Guidelines because the impact is small, isolated, and degraded habitat.
B. The habitat loss will not cumulatively exceed the 5% limitation, eith
regionally or locally, in that 12.61 acres will remain available following approval of the take fl
Kelly Ranch Area E.
C. Connectivity between high value habitat areas will not be precluded becau:
the project consists of development in a previously disturbed portion of the property. Adjace
high value habitat on other portions of Kelly Ranch is proposed to remain in permanent OPE
space.
D. The habitat loss will not preclude preparation of the subregional NCCP pla
Although Area E lies within core area ##4 in the Carlsbad HMP, it is previously disturbed are
that is not important for biological functioning in core area #4. Other adjacent areas
proposed open space will constitute the biologically significant contributions to core area #4.
E. The habitat loss has been minimized and mitigated to the maximum extet
practicable. Mitigation shall consist of onsite preservation of 2.66 acres of high quality coast;
sage scrub adjacent to larger areas of open space conservation.
F. The likelihood of survival and recovery of listed species will not b
appreciably reduced because the gnatcatcher is not present on the site, and the patch (
habitat being impacted by the project has minimal value for the species.
G. The habitat loss is incidental to otherwise lawful activities, name
construction of Kelly Ranch Area E pursuant to Council approvals.
2. That staff is hereby directed to transmit the City Council's action as expeditious
as possible to the U.S. Fish and Wildlife Service and California Department of Fish and Gar.
to indicate that the permits have been issued subject to the required 30-day review period. I
addition, following the conclusion of the 30-day review period with no objections to the issuanc
of the interim take permits from the U.S. Fish and Wildlife Service and California Department (
Fish and Game, staff is further directed to take appropriate actions to document the fin;
approval of the project.
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0 0
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour
of the City of Carlsbad, California, held on the 14th day of July
1998, by the following vote, to wit:
1
AYES: Council Members Lewis, Finnila, Nygaard and Hall
i NOES: None
ABSENT: None
1 ABSTAIN: Council Member Kulchin
1
ATTEST:
(& w / p?"& V"
, ALETHA L. RAUTENKRANZ, City Clerk )
(SEAL)
-3 - - 3
L 0 ATTACHMENT 1
Itemization of Impacts to Coastal Sage Scrub 5% Allocation
Description of Project
165.70 Starting Balance
Acres
San Dieguito Union High School District for South Carlsbad High
School site. Section 7 permit issued, 1993 1.46
CalTrans for Poinsettia Lane/l-5 Freeway ramps and auxiliary
lanes. Section 7 permit issued, 1995 2.10
CMWD - lining and covering of Maerkle Reservoir - 4(d) permit iss 4.30
Poinsettia Park - 4(d) permit issued, 1995
2.40 Cannon Road Reach 1 - 4(d) permit issued 1995
0.04
0.53 Maerkle Reservoir -- additional imDacts 1997
6.32 Hidden Valley Road - Section 7 permit issued 1995
6/25/98 16:02
City and Other Public Agency Projects:
L I ~. 1 ICannon Road Reach 2 - 4(d) permit issued 2/97 I ~ 1.98 1 k . I. 1 La Costa Avenue Widening -- Section 7 1998 0.1 0
Aviara Phase II drainage structure impacts - 1994 0.40
Aviara Phase Ill grading - 4(d) permit issued 9/95
1.10 Parkview West - 4(d) permit issued May 1996
8.68
6.80 Rancho Verde - Section 7 permit issued 1995
1.10 Carlsbad Ranch - 4(d) permitissued May 1996
Private Development Projects:
I 1 1
Mar Vista/Emerald Ridge West and East - approved administratively 11/95
42.20 Carrillo Ranch Phase I Grading - Section 7 permit issued 1995
0.96
Arroyo La Costa - Section 7 permit issued 1993
Cobblestone Sea Village- 4(d) permit issued 1/97
11 .oo
0.50 Holly Springs agricultural impacts 1997
14.60
Carlsbad Ranch - Hidden Vallev Road amroved administrativelv 1 I 0.27 I
Cobblestone Sea Village additional impact approved administrativ
2.38 1 Green Valiev El Camino Real Widenina -- 41d) Amroved 6/98
7.70 La Costa Village -- 4(d) Issued 4/98
3.98 Ocean Bluff - 4(d) lssued 3/98
1.95 Pacific View Estates - 4(d) permit issued 3/98
1.30 Meadowlands - 4(d) permit issued 3/98
28.00 Carrillo Ranch Phase II Grading - authorized 11/97
0.1 0
Ayres Land Co. -- Aviara Parkway -- Pending 4(d) 6/98
Newton Business Center -- 4(d) approved administratively 6/98
3.40
2.66 Kelly Ranch Area E-- Shea Homes -- 4(d) Pending 7/98
0.78
Total acres authorized to be taken 153.09
Remaining acres 12.61